Comments on: Commentary: Gall andKimbrough From Three Perspectives

By: Tom MIllar

Tom MIllar — Fri, 11 Jan 2008 01:59:18 +0000

Isn’t the problem more with mandatory minimums than it is with the guidelines? Can someone explain why fixing that issue wouldn’t allow the commission to potentially adjust its guidelines to be more fair? Wouldn’t this allow judges to reach fairer outcomes, albeit at the sacrifice of consistency in sentencing.

By: David M. Williams

David M. Williams — Mon, 17 Dec 2007 20:09:11 +0000

The majority of those I have contact with whose lives or the lives of their loved ones are not impacted directly by the federal criminal justice system assume that judges’ discretion should be limited. Those directly affected find that guideline sentences can be unfair. That the vast majority of sentences will not change overly much does not lessen the need for discretionary sentencing. I say this with full knowledge that one of my clients may now receive a sentence in excess of the guideline range.

By: SCOTT TILSEN

SCOTT TILSEN — Thu, 13 Dec 2007 19:45:36 +0000

More thought needs to be given to limit executive branch discretion to the charging decision and reducing prosecutor’s control over the sentence thru tools such as 21 usc 851,allegations over mandatory minimum drug quantities that are too low and even a fresh look at duel federal/state prosecutions for the same conduct. Whatever judicial -or even jury led- discretion exists to mitigate or rationalize punishment is still severely limited by the prosecutor’s control over the parameters of the punishment

By: Daniel Thomas

Daniel Thomas — Wed, 12 Dec 2007 04:41:03 +0000

I think the allure of the present line of cases is that it is the best that can be had under the circumstances. I think you engage in wishful thinking when you assume that if Brooker hadn’t happened sooner or later the system would have imploded or suffered some type of fatal shock. The history of the law offers no encouragement in that direction (or at least no immediate encouragement.) Perhaps Gall will now allow people to sit on their duff; or it could be the break in the damn that widens into a flood. I won’t make a prediction (I have no kids in college) but I will take what I can get. This is better news out of this SC on this subject than I had actually hoped for.